How To Defend Yourself When Accused Of Stealing
10 Defenses You lot Tin can Use When Facing a Theft Charge
You may be wondering about the 10 defenses you tin use when facing a theft charge . Read on to acquire more about the best defenses for any theft charges you may be facing.
Charged With Theft? — What Happens Now?
Larn about 10 defenses y'all tin employ when facing a theft charge. Set up for your instance and avoid the consequences of being bedevilled. A theft charge is taken very seriously by the legal system and can upshot in jail fourth dimension, large fines, and the cosmos of a serious criminal record if you don't have ane.
When theft charges occur, i of the get-go questions people inquire themselves is, "How could I become out of this?" If you've been charged with theft, it's of import that you sympathize what types of theft charges at that place are; otherwise, information technology will be difficult for yous to mount a defense.
Another proficient question later on having theft charges brought against you lot would be, "When can theft charges be dropped?" Well the answer to this is a little more complicated than y'all may have expected.
To have theft charges dropped later on being suspected of a crime requires a proper defense. At that place are numerous theft charge defenses that can be used to fight the charges brought against you lot and have them dropped. In add-on to this, yous will demand to hire the best criminal defense lawyer to help with any theft charges.
Nonetheless, non all theft charge defenses piece of work for every instance. It's important to understand the different types of theft crimes so that you can employ the virtually constructive defense for your situation.
Theft crimes tin be classified in a number of different ways, including:
- Petty theft
- Grand theft
- Theft with a prior confidence on record
Yous may or may not know which category your specific type of charge falls under; this is why it'southward helpful to take an experienced lawyer on your side.
Let'southward take a look at some common defenses for theft charges.
Finding an Appropriate Defense force For Your Theft Charges
Claim of Ownership
Ane of the most basic theft charge defenses is to claim you are the rightful owner of the property that was allegedly stolen. This defense force tin exist used in whatsoever theft case, provided in that location is evidence to back up your ownership of the property.
This blazon of theft charge defense can be complicated, equally it often requires presenting evidence (e.g., receipts, pictures, etc.) to prove that you are in fact the legal owner of the property in question. If the prosecution can dispute your claim of buying or present evidence to suggest you lot are not the legal owner, this defence force will probable fail.
Intoxication
Intoxication can be a powerful theft charge defense, every bit it can lead to a lack of intent to commit theft. If yous tin can prove that you were intoxicated at the time of the theft, and that this intoxication led to your criminal actions, y'all may be able to have theft charges dropped.
This type of theft charge defense is ofttimes used in shoplifting cases, as proving intoxication tin can be easier than proving lack of intent for other types of theft crimes. Yet, please note that intoxication alone is not enough to have theft charges dropped; you must too prove that you did not accept the intent to commit theft.
Lack of Intent
The lack of intent defense is often used in grand theft and petty theft cases for people with a prior conviction on tape. The idea behind this defence force is that fifty-fifty if you did commit theft, y'all did not have the required intent to be bedevilled.
This defense is primarily used in cases where there is no evidence demonstrating that theft occurred. In these types of cases, it tin be effective for the defendant to claim they had no intention of stealing the property in question and willingly gave it back afterward law were contacted.
Entrapment
A circumstance of entrapment occurs when someone commits an illegal act at the request or encouragement of a constabulary enforcement official or officer of the law. If you lot can show that you committed theft only because a law officer specifically instructed yous to practice so, this may result in charges being dropped against you.
An case of entrapment would be if an hugger-mugger police officer asks you to steal a specific item for them and y'all agree. In this case you lot would likely exist able to utilise the entrapment theft accuse defense.
If y'all can prove that yous were entrapped past law enforcement into committing the theft, y'all may be able to take the charges dropped or the case dismissed. Withal, this defense force is hard to prove and frequently requires the help of an chaser.
Imitation Allegations
Unfortunately, charges are sometimes brought against individuals unjustly. If yous tin bear witness that the theft allegations against you are false, you may be able to have the charges dropped.
A false allegations theft charge defense can be used in any theft case, regardless of the category it falls into. This type of theft charge defense force occurs when someone makes false accusations against another person with the intention of having them arrested or prosecuted.
This type of theft charge defense force is often used in domestic violence situations, where one spouse falsely accuses the other of theft in guild to gain an advantage in family court proceedings.
Flawed Valuation
In some theft cases, the value of the stolen holding is called into question. If information technology can be proven that the valuation of the property in question was wrong, theft charges may be dropped.
If you tin can evidence that the valuation of the property that was allegedly stolen was inaccurate, this theft charge defense tin can be used to fight theft charges confronting yous.
For example, if the prosecution is trying to prove that you stole a $1,000 watch and you show that the correct valuation of the item is $100, this theft charge defence force will likely succeed in having theft charges dropped or reduced.
Lack of Presence
In some theft cases, the defendant is non nowadays when the theft occurred. If there is no evidence connecting the accused to the theft, this may result in the defense gaining an border in the proceedings.
If it can exist shown that you were not at the location where the theft occurred, this theft charge defense may upshot in theft charges confronting you being dropped. This is why, if you're being defendant of a crime, it could mean a world of difference for your instance if you have an alibi that can be corroborated.
This blazon of theft accuse defence force typically requires witnesses who can prove to your whereabouts during the fourth dimension of the declared theft.
Return of Belongings
If the accused political party returns the stolen holding earlier existence charged with theft, they may be able to prevent theft charges and avoid prosecution altogether.
All the same, if you have been charged, in order to apply this defense force strategy successfully, you must prove that you returned the property that was allegedly stolen. For theft charges to be dropped against you, defence force attorneys will need show showing that you returned the particular in question.
This defence force may non always get charges dropped, simply returning stolen holding won't hurt your instance and may lessen the consequences and sentencing if you're found guilty of the law-breaking.
Stealing Nether Duress
If the accused can prove that they stole the property in question nether duress, they may be able to garner some favor in the courtroom against the prosecution.
This type of theft charge defense occurs when someone is forced to steal property due to threats or intimidation from another person. If you can prove that yous were coerced or threatened into stealing the property in question, this theft charge defense force may be successful in getting the charges against you dropped.
For example, this type of defense tin be used in situations where someone stole from their employer because they were being threatened with violence if they didn't do so.
Asportation
Asportation is the physical human action of carrying or transporting stolen property. If you tin prove that you did not carry or transport the holding in question, your theft charges may be dropped.
The theft charge defense of asportation is used when theft charges are based on the fact that the holding was not really taken from its original location. This defense tin exist successful in cases where there are no witnesses to provide prove proving that the theft occurred.
This defense is nigh often used in shoplifting and petty theft cases involving vehicles, such as motorcar-jacking or car theft. The asportation theft charge defense force is based on the thought that, without transporting or carrying away the belongings in question, you lot cannot be guilty of wrongdoing.
Know Your Rights and Build Your Example
If theft charges have been brought confronting you, it'southward of import to understand your rights and practise what you can to fight the theft charges. Theft charge defenses will vary depending on each private theft instance; nevertheless, learning about these mutual defenses is a great commencement step in learning how best to respond in your own case.
Each of these theft charge defenses has varying levels of success rates; speaking with an experienced theft crimes attorney volition help you lot determine which defense force is most advisable for your unique situation. Finding the right criminal lawyer for your case is primal to fighting whatsoever type of theft charges.
There are many factors that need to be taken into account when fighting theft charges, and so don't try to get at it alone!
Barkemeyer Constabulary Firm tin can assistance you build a winning defense for theft charges. We take locations in Covington, New Orleans and Shreveport and then accomplish out to the states if yous want to know almost the defenses yous can use when facing a theft charge.
Source: https://lawyercarl.com/10-defenses-to-use-for-theft-charges/
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